RESOLUTION OF IIIE HOUSE: CONSITITUTION TWELFTH AMENDMENT BILL, 2005
1. Kindly be informed that the Legislature of the Limpopo Province has at its sitting held on Tuesday, 11 October 2005 resolved to adopt the Report of the Portfolio Committee on Local Government and Housing on the Constitution Twelfth Amendment Bill.
2. This information is in line with the Provisions of section 74 (5)(b) of the Constitution of the Republic of South Africa, 1996 which requires Provincial Legislatures to present their views to the relevant Minister before a Bill amending the Constitution is tabled before Parliament for consideration and enactment.
3. The report is attached herewith for more information.
4. Hoping that you will find this in order.
ADV.E N LAMBANI
SECRETARY: LIMPOPO LEGISLATURE
REPORT OF THE PORTFOLIO COMMITTEE ON LOCAL GOVERNMENT AND HOL~SING ON THE CONSTITUTION TWELFTH AMENDMENT BILL
1. INTRODUCTION Section 74(5)(b) of the Constitution of the Republic of South Africa,1996 requires of Provincial Legislatures to present their views to the relevant Minister before a Bill amending the Constitution is tabled before Parliament for consideration and enactment. It is in this context that the Minister of Provincial and Local Government referred the Draft Constitution Twelfth Amendment Bill to this Legislature for comments.
2. PURPOSE OF THE BILL
The Bill is a Section 74 and seeks to amend the Constitution of the Republic of South Africa) 1996, so as to effect a technical change, and to determine the geographical areas of the nine provinces of the Republic of South Africa; and to provide for matters connected therewith.
3. CONSIDERATION OF THE BILL
In considering the Bill, the Committee met on 28 September 2005 and was briefed by a ~gal Advisor from the Department of Provincial and Local Government on the principle and objects of the Bill. The Bill seeks to abolish cross-border municipalities.
As the Bill is not yet tabled in Parliament and that it will follow the normal legislative process once tabled for consideration by Parliament, the Committee considered and agreed to the principle of the Bill.
4. COMMENTS BY THE COMMITTEE
It is in the opinion of the Committee that the Minister should be allowed to table this Bill before Parliament and that the Bill, if enacted into law, will go a long way in alleviating the challenges and concerns that were and are still being faced by cross-border municipalities. The Bill will, according to the Committee, speed up the transformation process and service delivery to our people res2.der't in cross-border areas and South Africa in general
Public hearings to solicit the views and inputs of people that will be affected by this constitutional amendment will be conducted once the Bill is tabled before Pa4iament and formally referred to the legislature for consideration and conferral of a mandate on the Bill.
Furthermore, the Committee is satisfied that the Bill is compliant to constitutional provisions regarding the amendment to the Constitution of the Republic of South Africa, 1996.
The Committee, having considered the Bill, recommends to this august House to support thc principle of the Bill and that the Minister should be allowed to table the Bill before Parliament.
In conclusion, I move that this report be adopted as a report of this Honourable House. I move accordingly.
K.A.R PHALA, MPL
PORTFOLIO COMM1TTEE ON LOCAL GOVEILNMENT AND HOUSING